5 November 2013

Draft legislation on restructuring plans to prevent bankruptcy – update

A first draft bill introducing extrajudicial, universally binding debt restructuring plans to the Netherlands went into public consultation on 14 August 2014. A proposal drawn up by our partners Ruud Hermans and Reinout Vriesendorp and published in Tijdschrift voor Insolventierecht in 2013 had heavily influenced this draft bill.

The consultation feedback on the first draft bill ultimately led to a revised draft bill with a different name (Act on Court Confirmation of Extrajudicial Restructuring Plans to Avert Bankruptcy). This renewed bill was published on 5 September 2017 and the consultation ran until 1 December 2017. Click here to view De Brauw’s response to the consultation and here to view other responses.

These pages provide insights into the new legislation, materials from a seminar that De Brauw held and additional De Brauw coverage and materials.

  • Click here to download the revised draft bill (Dutch) and here for an unofficial English translation.
  • Click here to download the explanatory memorandum to the revised draft bill (Dutch) and here for an unofficial English translation.
  • Click here for our In context article on the key features of the revised draft bill.
  • Click here to view videos of a successful seminar De Brauw held about the first draft bill on 11 September 2014 and to download the slides of the speaker’s presentations.
  • Click here to download articles written by De Brauw lawyers about the draft bill, including the original proposal, and De Brauw’s response to the public consultation on the first drift bill.
  • Click here for a page with an overview of publications on the first draft bill.